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Exclusionary rule
In the , the exclusionary rule is a legal rule, based on , that prevents collected or analyzed in violation of the 's s from being used in a . This may be considered an example of a formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the 's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law". "The exclusionary rule is grounded in the and it is intended to protect citizens from illegal searches and seizures." The exclusionary rule is also designed to provide a and disincentive, which is short of criminal prosecution in response to s and who illegally gather evidence in violation of the Fifth Amendment in the compelled to . The exclusionary rule also protects against violations of the , which guarantees the . Most states also have their own exclusionary remedies for illegally obtained evidence under their state constitutions and/or statutes, some of which predate the federal constitutional guarantees against unlawful searches and seizures and compelled self-incrimination. This rule is occasionally referred to as a because it allows defendants a defense that does not address whether the crime was actually committed. In this respect, it is similar to the explicit rule in the Fifth Amendment protecting people from . In strict cases, when an illegal action is used by police/prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action—this evidence is known as " "—can be thrown out from a jury (or be grounds for a if too much information has been irrevocably revealed). The exclusionary rule applies to all persons within the United States regardless of whether they are citizens, immigrants (legal or illegal), or visitors. Limitations of the rule The exclusionary rule does not apply in a , in a proceeding, or in a revocation hearing. Even in a criminal case, the exclusionary rule does not simply bar the introduction of all evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment. In , wrote for the U.S. Supreme Court: , 468 U.S. 897, 907 (1984), which sometimes include setting the guilty free and the dangerous at large. We have therefore been "cautious against expanding" it, , 479 U.S. 157, 166 (1986), and "have repeatedly emphasized that the rule's 'costly toll' upon truth-seeking and law enforcement objectives presents a high obstacle for those urging its application," , 524 U.S. 357, 364–365 (1998) (citation omitted). We have rejected "indiscriminate application" of the rule, Leon, supra, at 908, and have held it to be applicable only "where its remedial objectives are thought most efficaciously served," , 414 U.S. 338, 348 (1974) that is, "where its deterrence benefits outweigh its 'substantial social costs,'" Scott, supra, at 363, (quoting Leon, supra, at 907). Whether the exclusionary sanction is appropriately imposed in a particular case is an issue separate from the question whether the Fourth Amendment rights of the party seeking to invoke the rule were violated by police conduct.}} Limitations on the exclusionary rule have included the following: * Evidence unlawfully obtained from the defendant by a private person is admissible. The exclusionary rule is designed to protect privacy rights, with the Fourth Amendment applying specifically to government officials. * Evidence can only be suppressed if the illegal search violated the person's own (the person making the court motion) constitutional rights. The exclusionary rule does not apply to privacy rights of a third party. However, there is a narrow exception to this standing requirement, the standing exception. * The defendant cannot take advantage of the situation (police breaching rules) to turn the case to his advantage, in face of other evidence against himself. This falls under the exigent circumstances exception. * The Silver Platter doctrine which was ruled unconstitutional in the case of in 1960. State officials that obtained evidence illegally were allowed to turn over evidence to federal officials, and have that evidence be admitted into trial. * held that if the evidence obtained in the unlawful search would almost definitely have been found eventually even without said search ( ), the evidence may be brought forth in court. * If police officers acting in good faith (bona fides) rely upon a defective search warrant, then the evidence acquired may still be used under the . The exclusionary rule is not applicable to non-U.S. nationals residing outside of U.S. borders. In , the U.S. Supreme Court decided that property owned by aliens in a foreign country is admissible in court. Certain persons in the U.S. receive limited protections, such as prisoners, probationers, parolees, and persons crossing U.S. borders. Corporations, by virtue of being, also have limited rights under the Fourth Amendment (see ). In the case of it was found that the evidence found to convict Jimeno, although at first was not admissible, later was found to in fact be admissible since it passed the test of reasonable standards. The defendant consented to a search of his car, and when the officer searched a package and found drugs, it was not said to be in violation because a reasonable person would expect illegal narcotics to be kept in a package or container. References Category:Police